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(영문) 서울행정법원 2016.04.22 2015구합62774
손실보상금
Text

1. The Defendant: (a) KRW 5,596,500 to Plaintiff A; (b) KRW 41,133,600 to Plaintiff B; and (c) KRW 37,94,450 to Plaintiff C and each of the said money.

Reasons

1. Details of ruling;

(a) Business approval and public announcement - Business name: D public housing project area: - Public housing project area: Guro-gu Seoul Metropolitan Government E Institute 676,000 square meters - Public announcement: F notified by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 - A project operator: Defendant

(b) The Central Land Tribunal’s ruling of expropriation by March 26, 2015 - Subject to expropriation by the Central Land Tribunal: The amount of G land owned by the Plaintiff, H land owned by the Plaintiff, I land, J land, K land owned by the Plaintiff, and the above-ground obstacles - The date of commencement of expropriation: May 19, 2015 - Compensation for losses: The amount of money in attached Table “compensation for expropriation”;

C. The Central Land Tribunal’s ruling on December 17, 2015 - Compensation for losses: Each amount indicated in the column for “compensation for this ruling” in the attached Table attached hereto (based on recognition) is without dispute, and the purport of the entire entries and arguments set forth in subparagraphs A1 through 6 (including paper numbers) is as follows.

2. The compensation determined by the ruling on an objection against each of the lands owned by the plaintiffs is remarkably low. Thus, the defendant is obligated to pay the difference between the reasonable compensation and the compensation determined by the ruling on an objection.

3. According to the result of the appraisal commission and the purport of the entire pleadings by this court with respect to appraiser L, the appraiser L, designated by this court, is a comparative standard land; M land for the land owned by the plaintiff; N land for the land owned by the plaintiff; M land for the land owned by the plaintiff; J land for the land owned by the plaintiff; P land for the land owned by the plaintiff Eul; the time adjustment and regional factors are selected; and the compensation amount for each land owned by the plaintiffs was calculated as indicated in the “court appraisal amount” column in the annexed sheet (hereinafter “court appraisal”).

In a lawsuit concerning the increase or decrease of land expropriation compensation, both the appraisal by each appraisal agency which forms the basis of adjudication and the appraisal by an appraiser selected by the court shall be conducted.

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